Taiwan's Legislative Yuan recently passed a referendum proposal asking the public whether they agree to add a "caning" system to the Criminal Code, which would apply to cases of sexual assault, child abuse and major fraud.
Taiwan has never had "corporal punishment" as a punishment before. The referendum was highly divided in the Legislative Yuan and passed with a narrow margin of 52 votes in favor and 51 votes against, arousing great social concern.
In fact, discussions about caning have been brewing in Taiwan for nearly ten years. Especially after major criminal cases, people are dissatisfied with the insufficient punishment and advocate emulating the Singapore system.
The latest polls show that about 80% of the people agree with the government's assessment of caning. Supporters believe that this move can serve justice and serve as a warning to society. Human rights groups and the legal profession have criticized the move as violating international human rights standards and lacking empirical support to effectively deter crime.
After the referendum is reviewed and approved by the Central Election Commission, it may be held together with the local elections at the end of the year. Outsiders believe that this case not only involves penal policy, but may also become part of election mobilization.
The referendum proposal was proposed by a legislator from the opposition Kuomintang party.
In late May this year, Kuomintang legislator Hong Mengkai and others proposed a referendum to “increase whipping into law.” On August 14, the Legislative Yuan held a vote. With the Kuomintang all in favor, the Democratic Progressive Party all opposed, and eight members of the Taiwan People's Party abstaining from voting, the bill narrowly passed by a vote of 52 to 51.
According to the plan, the referendum will be voted together in Taiwan’s local elections on November 28. The main text of the referendum asked the public: "Do you agree with the government enacting laws to add a caning system that will be pronounced by the court and executed in accordance with the law for crimes of sexual assault, child abuse, and aggravated fraud involving high amounts or complex types, so as to deter crime?"
Proposal legislator Hong Mengkai said that the promotion of "caning" into law is in response to the frequent occurrence of vicious cases such as fraud, child abuse and major sexual assault. The current penal system is insufficient to deter crime and protect people. He emphasized that through the referendum mechanism, society can engage in full debate and form a consensus of public opinion.
After the referendum is reviewed and approved by the Central Election Commission, it may be held together with the local elections at the end of the year. Some commentators have questioned that since the opposition Kuomintang has an advantage in seats in the Legislative Yuan, relevant penal policies can be implemented directly through legislation, resorted to referendums, or turned into mobilization for the year-end election campaign.
Hong Mengkai responded that if we only rely on legislation, we may still face lack of cooperation from the administrative system; through a referendum, we can create pressure and present Taiwanese society's collective choice on "whether to accept a higher intensity deterrent mechanism."
In the past ten years, there have been many discussions in Taiwanese society about "increasing whipping into law."
As early as 2017, some people proposed through an online public policy participation platform, advocating for additional caning penalties for repeat drunk driving offenders, sexual assault and child abuse offenders. In 2020, after a murder case of a foreign female student, public opinion heated up again. The national policy adviser of the then Democratic Progressive Party government also called on the government and legislators to consider introducing caning.
Last year, people once again proposed on the online public policy platform that Taiwan should follow Singapore and include caning in the criminal law. During the discussion of the proposal, supporters believed that caning can serve as a means of justice and serve as a warning to society as a severe punishment. Some people advocate that "sexual offenders do not need human rights, so let whipping punish them." Others believe that "some people are not afraid of fines and can only be remembered through beatings."
A recent poll released by the Taiwan Civilian Anti-Fraud Association showed that 84.7% of the public supported the government's assessment of caning, and 89.6% believed that if it cannot be introduced due to human rights or constitutional concerns, alternatives with a deterrent effect should be proposed.
The maximum penalty in Taiwan's current criminal justice system is the death penalty, followed by life imprisonment and other custodial sentences. Currently, there are 36 death row inmates in Taiwan who have been sentenced to death but have not yet been executed. According to regulations, after the court determines the death penalty, an execution order must be signed by the Minister of Justice before it can be implemented. There have been 4 executions in the past ten years, and the frequency is lower than in the past. The most recent one was in 2025.
At a press conference in December last year, legislator Hong Mengkai and the families of many victims of major criminal cases jointly expressed their opposition to the abolition of the death penalty. The family members emphasized that Taiwan's laws must severely punish criminals in order to maintain social security and justice. Hong Mengkai proposed at the press conference that in addition to maintaining the death penalty system, the introduction of "caning" as a penalty option should also be considered.
The bereaved family of the Tainan police killing case pointed out at the time that the family's expectation was that "the crime and punishment should be commensurate," and the perpetrators must pay a corresponding price for their mistakes.
Many observations point out that several major criminal cases in recent years have promoted relevant public opinion. Among them, the "Children's Case" in which the nanny tortured a child to death aroused strong anger in society due to cruel criminal methods. The boy was malnourished for a long time before his death and suffered severe trauma all over his body. The abusive nanny sisters were sentenced to life imprisonment and 18 years in prison respectively. Many people believed that the sentences were too light compared to the pain the perpetrators inflicted on the young children, and called for "reciprocal punishment", including caning that can directly cause physical pain and humiliation.
In recent years, new crimes have appeared frequently, and the public has generally felt that the government is inadequate in combating and deterring crime. Cases of text message fraud, computer room investment fraud, and complex fraud groups that combine money laundering and human trafficking continue to increase. Many victims have committed suicide due to the loss of all their savings, shame and despair.
In Taiwan, fraudsters are often prosecuted in court for common or aggravated fraud. In the past, drivers and engine room members often received suspended sentences or were fined in lieu of jail time. People believe that the sentences for fraudsters are too short and the money flow is difficult to recover, so they call for the introduction of Singapore's practice of caning fraudsters.
In 2024, Taiwan amended the "Fraud Crime Harm Prevention Ordinance", and the penalty for high-value fraud has been increased by more than 3 years to a maximum of 12 years.
Singapore has long been a reference point for Taiwanese supporters of caning.
According to local law, about 65 types of crimes will face mandatory caning, covering sexual assault, robbery, illegal immigration, illegal possession of firearms or weapons, drug trafficking, graffiti, etc. Last year, Singapore amended its criminal law to include fraudsters, drivers, and even recruiters and members of fraud syndicates within the scope of caning punishment.
In Singapore, the applicable conditions and targets of judicial caning are clearly limited and are subject to medical evaluation. Only men under the age of 50 who have been confirmed by a doctor to be physically fit for torture. Women, men over 50 years old, death row prisoners and those who fail medical evaluation are exempted.
Judicial caning in Singapore is carried out in a private manner in prison, using a 1.27 cm cane with a length of about 1.2 meters, and the striking position is limited to the victim's buttocks. A maximum of 24 lashes can be imposed in a single sentence, and multiple crimes cannot exceed this number; the upper limit for juvenile offenders is 10 lashes.
Judicial caning is considered torture or cruel punishment in most modern countries and has been abolished. More than 90% of countries around the world do not use caning, and only about 17 countries still implement similar punishments. These countries can be divided into former British colonies originating from the common law system, and judicial systems based on Sharia law.
In Southeast Asia, which is relatively close to Taiwan, only Malaysia, Singapore, Brunei and Aceh Province in Indonesia still retain relevant systems.
In Singapore, caning enjoys high support in mainstream society, but there are still opposition voices, mainly from local non-governmental organizations, human rights lawyers and opposition parties. M. Ravi, a well-known local human rights lawyer, once filed a challenge in court on behalf of the inmates, arguing that caning violated the constitutional protection of personal freedom and dignity.
Whether "caning" can really resolve public concerns about public security is still being discussed. Taiwan's National Human Rights Commission recently stated that there is currently insufficient evidence to show that caning is more effective in preventing crime than the current prison sentence.
Taiwan is regarded as one of the best places for security in the world. According to the ranking of the world's safest countries published by the global database website Numbeo in 2025, Taiwan ranks 4th among nearly 150 countries and regions.
Data from Taiwan’s Ministry of Interior show that the overall number of criminal cases and crime rates have dropped significantly in recent years, and traditional violent crimes have decreased year by year. The public security issue that has most concerned the public recently is mainly caused by fraud cases, the number of which and the amount of financial losses are rising rapidly.
Psychiatrist Li Junhong wrote an article stating that advocates often use caning in Singapore as a means to reduce sexual crimes in Taiwan, but data shows that it is difficult to confirm. This proposal includes sexual crimes for which caning is applicable, and the related crime rate in Taiwan is much lower than that in Singapore. Statistics show that the crime rate of forced sexual intercourse per 100,000 people in Taiwan is 0.27, while in Singapore it is 6.6, which is twenty times that of Taiwan.
He explained that Singapore is known for its government efficiency and is often regarded as the "benchmark" for Taiwan, and people tend to extend their positive impression to other aspects. Even with the implementation of caning, the rate of forced sexual intercourse crimes in Singapore will still increase by 20% in 2025. There are also calls for review within society. Experts in related fields also emphasize that caning is ineffective for child sex crimes or violent sex crimes with pathological personality.
As for fraud cases, Singapore will see a 27.6% drop in 2025. Analysis pointed out that the relevant decline had already occurred before caning was included as a penalty. The Singapore Police believed that the main reason was due to the overall anti-fraud strategy and public education measures.
Pan Yihong, an assistant professor at the Department of Crime Prevention and Control at Taiwan's Central Police University, wrote to the media, saying that when discussing caning, one must consider whether its effect is stable, whether it can target specific causes of crime, and whether it is worth paying such a serious price for basic rights. Responding only to "whether the punishment is painful enough" is an oversimplification.
Taiwan's "Referendum Law" stipulates that the Legislative Yuan can propose creation or review referendums on major policies. After being voted on by the Yuan Council, it must be submitted to the Central Election Committee within ten days without going through the general public proposal and signature procedures.
